Embryo Custody

ANNAPOLIS, Md. — An appeals court in Maryland ruled that a lower court must consider whether a divorced couple had an oral agreement that they would give a cryopreserved pre-embryo “the opportunity for life,” whether that agreement survives the dissolution of their marriage, and perform a balancing test considering the interests of the parties, including the physical and emotional toll the IVF process had on the wife, her age and the possibility of a successful process.

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